RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01150
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged upon disclosure of his sexual orientation. He
was ostracized from his unit, and not deployed to Greenland. He
served his country with honor, respect and loyalty, never
violating any laws or legal regulations. Upon entry to the
US Air Force, he was 18 years old and this issue was not part of
his life, or a decision he conscientiously made. However, when
he was approximately 20 year of age, in the Air Force, his life
changed. Since then, he has lived his life quietly. This
"undesirable" discharge was not something that he caused; it is
something resulting from what his life came to be.
His discharge was not based on violation of law, nor military
performance, loyalty, or honorable service, but on social
acceptance. Society and Congress now accepts this lifestyle
within the ranks of the military. He did not have a court
martial nor Non-judicial punishment to the best of his knowledge.
In support of his appeal, the applicant submits copies of his
DD Form 214, Report of Transfer from the United States Air Force,
issued in conjunction with his 15 Oct 55 separation; a letter of
support from counsel; extracts from his military personnel record
(MPR); and case file, AFBCMR Docket No. BC-2006-02824 redacted.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 11 Jun 52 for
a period of four years.
The group commander notified the applicant of administrative
discharge action for homosexuality. The proposed action was
based on an investigation initiated by the Office of Special
Investigations, at the commanders request.
On 15 Oct 55, the applicant was discharged by reason of
homosexuality, with service characterized as undesirable. He was
credited with three years, four months, and five days of active
duty service.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. We have thoroughly reviewed the circumstances surrounding the
applicant's discharge. Considered alone, it appears the
discharge proceedings were proper and characterization of the
discharge was appropriate to the existing circumstances.
Consideration of this Board, however, is not limited to the
events which precipitated the discharge. Further, we may base
our decision on matters of equity and clemency rather than simply
on whether rules and regulations which existed at the time were
followed. Under our broader mandate and after careful
consideration of all the facts and circumstances of the
applicant's case, and in view of the absence of any derogatory
information since his separation, his otherwise honorable
service, the letter of support submitted in his behalf, and since
it has been over 55 years since his separation, we believe an
upgrade of the characterization of his discharge to fully
honorable is warranted on the basis of clemency. Accordingly, we
recommend the applicants records be corrected to the extent
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that, on
15 October 1955, he was honorably discharged and furnished an
Honorable Discharge Certificate.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01150 in Executive Session on 13 December 2011,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Mar 11, w/atchs.
Panel Chair
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